reed in writing
to pay (County Courts Act 1888, S 118).

_Costs in Criminal Cases._--In criminal cases the right to recover the
expenses of prosecution or defence from public funds or the opposite
party depends wholly on statute. According to the common law rule the
crown neither pays nor receives costs, but the rule is in some cases
altered by statute (_Thomas_ v. _Pritchard_, 1903, 1 K.B. 209).

Courts of summary jurisdiction may order costs to be paid by the
unsuccessful to the successful party (Summary Jurisdiction Act 1848, S
18).

On prosecutions for treason or felony the court may order the accused
person, if convicted, to pay the costs of his prosecution (Forfeiture
Act 1870); and the like power exists as to persons convicted of offences
indictable under the Criminal Law Amendment Act 1885 (see S 18), and as
to persons convicted on indictment of assault, corrupt practices at
elections, offences against the Merchandise Marks Acts, or of defamatory
libel, if they have unsuccessfully pleaded jurisdiction.

Provision is also made for the payment out of the local rate of the
district of the costs of prosecuting all felonies (except treason
felony) and a number of misdemeanours. A list of these offences will be
found in Archbold, _Criminal Pleading_, 23rd ed., 246. The legislation
on this subject authorizes the payment of the expenses of witnesses and
of the prosecutor, both at a preliminary inquiry before justices and at
the trial, and in the case of summary conviction for any of the
indictable offences in question. It has been extended so as to include
the expenses of witnesses for the defence in any indictable case if they
have given evidence at the preliminary inquiry, and the costs of the
defence of poor prisoners in every indictable case in which the
committing justices or the court of trial certify for legal aid (Poor
Prisoners' Defence Act 1903). The costs are taxed by the proper officer
of the court of assize or the clerk of the peace in accordance with
scales issued by the Home Office in 1903 and 1904. These scales do not
fix the fees to be allowed to counsel or solicitor for the prosecution.
The costs, when taxed, are paid by the treasurer of the county or
borough on whom the order for payment is made.

Where a prosecution or indictment fails, the prosecutor cannot as a rule
be made to pay the costs of the defence: except in cases within the
Vexatious Indictments Act 1859 and its amendments (i.e. where